Fadex Foreign Trading Corp. v. Crown Steel Corp.

The appeal is from an order denying plaintiff’s motion for summary judgment establishing the liability of defendant for the relief demanded in the complaint, and for an assessment of damages by a referee.

The complaint alleges that four different contracts were entered into for the purchase by plaintiff from defendant of designated quantities of specified steel wire. The moving papers set forth copies of these written agreements which consist of written order forms signed by plaintiff and mailed to defendant. Each order purports to set forth all of the terms and conditions of the sale and…